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Rights Over Family House?

Discussion in 'Family Law Forum' started by kylie williams, 18 June 2015.

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  1. kylie williams

    17 June 2015
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    I was in a de facto relationship for 5 year, and had 2 kids and built a house together in that time. We split a year ago and the kids and I moved into the house we just built. We go 50/50 in the mortgage. My half comes out of my child support which is a privet agreement between the ex and I. But when the ex comes to see the kids, he stays at the house, showers here treats it like his own, and has recently be saying he wants to move down here and get a job, and he said he is moving into the house with us.

    What rights do I have with the house been the sole carer of the kids and paying equal amounts of the mortgage?

    The ex also wants to put the house in a family trust under the kids' names which I'm all for because it's for the kids, but if we do that, who then has the rights over the house until the kids are of age? They are only 2 and 3 years old at the moment. I just want to know where I stand as I don't want to live with my ex.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Kylie,

    Since you are joint owners of the house, you both have right of occupancy which means you each have a concurrent legal right to occupy the premises can't exclude each other from it.

    In certain cases, you can obtain a court order granting exclusive occupancy to one spouse having regard to the financial capacity of the other party to live (rent or buy) elsewhere, custody arrangements with children and how primary caregiver to children would be affected. Obviously this would encapsulate situations where violent behaviour is involved where it is in the best interests of children not to be exposed to loud, verbal altercations or arguments or physical violence. However the court may also recommend, that if the layout of the premises allows for it - a part of the residence be physically isolated with separate entrance and no common areas so that the other spouse can reside there.

    Otherwise you will have to reach an agreement with your ex regarding the living arrangements.

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